What is Refreshing memory What is Testimony to facts
stated in document mentioned in section 159 Section 159 and 160 of Indian Evidence Act
1872
Refreshing memory and Testimony to facts stated in document
mentioned in section 159 are defined under section 159 and 160 of
Indian Evidence Act 1872.
Provisions under these sections are:
Section 159
of Evidence Act "Refreshing memory"
A witness may, while under examination, refresh his
memory by referring to any writing made by himself at the
time of the transaction concerning which he is questioned,
or so soon afterwards that the Court considers it likely
that the transaction was at that time fresh in his memory.
The witness may also refer to any such writing made by any
other person, and read by the witness within the time
aforesaid, if when he read it he knew it to be correct.
When witness may use copy of document to refresh memory-
Whenever a witness may refresh his memory by reference to
any document, he may, with the permission of the Court,
refer to a copy of such document:
Provided the Court be satisfied that there is sufficient
reason for the non - production of the original.
An expert may refresh his memory by reference to
professional treatises.
Section 160 of Evidence Act "Testimony to facts
stated in document mentioned in section 159"
A witness may also testify to facts mentioned in any such
document as is mentioned is section 159, although he has no
specific recollection of the facts themselves, if he is sure
that the facts were correctly recorded in the document.
Illustration
A book- keeper may testify to facts recorded by him in books
regularly kept in the course of business, if he know that
the books were correctly kept, although he has forgotten the
particular transactions entered.
When they must not be asked When they may be asked What is
Evidence as to matters in writing Section 142, 143 and 144 of Indian Evidence Act
1872
What is Cross-examination as to previous Statements in
writing What are Questions lawful in cross-examination
When witness to be compelled to answer Section 145, 146 and 147 of Indian Evidence Act
1872
What is the meaning of Court to decide when question shall
be asked and when witness compelled to answer What is
Question not to be asked without reasonable grounds Section 148 and 149 of Indian Evidence Act
1872
What is Procedure of Court in case of question being asked
without reasonable grounds What is Indecent and scandalous
questions Section 150 and 151 of Indian Evidence Act
1872
What is questions intended to insult or annoy What is
Exclusion of evidence to contradict answers to questions
testing veracity Section 152 and 153 of Indian Evidence Act
1872
What is Question by party to his own witness What is
Impeaching credit of witness What is Questions tending to
corroborate evidence of relevant fact, admissible Section 154,
155 and 156 of Indian Evidence Act
1872
What is Former statements of witness may be proved to
corroborate later testimony as to same fact What matters
may be proved in connection with proved statement relevant
under section 32 or 33 Section 157 and 158 of Indian Evidence Act
1872
What is Refreshing memory What is Testimony to facts stated
in document mentioned in section 159 Section 159 and 160 of Indian Evidence Act
1872
What is Right of adverse party as to writing used to refresh
memory What are Productions of documents What is Giving,
as evidence, of document called for and produced on notice Section 161,
162 and 163 of Indian Evidence Act
1872
What is Using, as evidence, of document production of which
was refused on notice What is Judge's power to put
questions or order production Section 164 and 165 of Indian Evidence Act
1872
What is Power of jury or assessors to put questions What is
the meaning of No new trial for improper admission or
rejection or evidence Section 166 and 167 of Indian Evidence Act
1872
